When You Can Fire An Employee For Nasty Workplace Talk

Law360, New York (May 17, 2017, 11:43 AM EDT) -- Last week, we reported on a recent decision from the Second Circuit, which held that an employee’s Facebook post calling his supervisor a “NASTY MOTHER F***ER” was protected activity under the National Labor Relations Act. Because labor law is nothing but unpredictable, one week later an administrative law judge at the National Labor Relations Board determined that an employer lawfully terminated an employee who yelled at a management representative, “F**k you and f**k this job!” Although the employee had been engaged in protected concerted activity, the ALJ...